MARION TOWNSHIP

                BOARD OF TRUSTEES  

                FEB. 12, 2004 - draft minutes

MEMBERS PRESENT: Bob Hanvey, Sue Lingle, Dan Lowe, Myrna Schlittler and Dave Hamann

MEMBERS ABSENT:   None                              

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CALL TO ORDER

Bob Hanvey called the meeting to order at 7:30 p.m.

PLEDGE TO FLAG

MEMBERS PRESENT

APPROVAL OF AGENDA

Bob Hanvey asked to have some items that were tabled from a previous meeting 

added at the end of the agenda:  OHM Cost, Litter Ordinance, and Sewer/Water Rates

as well as a new business item on Fire Run Billing.  Dave Hamann motioned to 

approve the agenda as amended.  Sue Lingle seconded. 

Motion carried 5-0.

 CALL TO THE PUBLIC

None.

APPROVAL OF MINUTES

Board of Trustees, January 8, 2004

Bob Hanvey asked to have two corrections made.  Sue Lingle motioned to approve the minutes from the January 8, 2004 

Board of Trustees meeting as corrected.  Dave Hamann seconded.  Motion carried 5-0.

Special Board of Trustees Meeting, December 22, 2003

Sue Lingle motioned to approve the minutes from the December 22, 2003 Special Board of Trustees Meeting as presented. 

Dave Hamann seconded.  Motion carried 5-0.

Special Board of Trustees Meeting, February 9, 2004

Bob Hanvey pointed out an error in the first motion made by Ms. Lingle.  The amount not to exceed should apply only to the 

Comtech part, not to both parts.  The final version of the February 9, 2004 Special Board of Trustees Meeting will reflect the

corrected language.  Also, in the next resolution, it should read “Federal Poverty Guidelines.”  Additional language is also 

needed in the motion by Lingle, seconded by Hamann, to pay the request made by Eric Lowe for excavation work.  Dan 

Lowe motioned to approve the minutes as corrected.  Dave Hamann seconded.  Motion carried 5-0.

Ways & Means Meeting, February 9, 2004

Bob Hanvey asked to have the second item regarding permission to use parking lot removed.  The date in the heading also 

needs to be changed.  Sue Lingle motioned to approve the February 9, 2004 Ways & Means Meeting minutes as corrected.  Dave Hamann seconded.  Motion carried 5-0.

OLD BUSINESS

Request to Use Parking Lot

Mr. Hanvey said the attorney suggested that this would be a little different from the township’s policy regarding hall 

rental because this would provide a service to the community.  The attorney feels that as long as the township is 

named properly in the insurance and it isn’t made as an exclusive arrangement, this should be allowed.  Sue Lingle

pointed out that the township doesn’t have a hall rental policy.

Myrna Schlittler motioned to allow Tom Klebba to use the parking lot for driving training and testing, with the condition that 

all insurance policies are provided, with the understanding that this is not an exclusive arrangement and is not permanent. 

Dave Hamann seconded.  Motion carried 5-0.

NEW BUSINESS

Clark Hill Bill

Myrna Schlittler motioned to pay the Clark Hill invoice in the amount of $4,600.  Dave Hamann seconded.  Roll call vote:  

Dan Lowe, Myrna Schlittler, Bob Hanvey, Sue Lingle, Dave Hamann—all yes.  Motion carried 5-0.

Richland Pay Request #4

The construction consultant, Joe Velarditta, reviewed the pay request and provided the board with some notes.

The plumbing and HVAC items are the two items of concern.  The plumbing request is for $6,100 (line 14) and the HVAC

request is for $6,000 (line 16).  Mr. Velarditta feels the amount required to complete the plumbing would probably exceed 

$4,400. Mr. Hanvey pointed out that the line item for HVAC from Four Seasons is $23,000 total.  The proposal 

received today from Four Seasons is for $24,000, for a brand of furnace different than in the specifications.  

Mr. Lowe feels the township should require what was specified.  The proposal received today from Four Seasons

 includes fall and spring tune-ups on the Goodman roof units for two years.  The board feels that the change in brands

should be between the general contractor and Four Seasons. Dave Hamann said that the rough plumbing inspection

should be approved prior to payment.  Dan Lowe said there were only two minor issues on the inspections.

Mr. Hanvey asked if the township has a recommendation from the architect to pay, and the board chooses not to, is it 

necessary to report back to the architect.  Phil Westmoreland said that if the contract follows general AIA specifications,

typically once the architect certifies it, the request must be paid. 

Myrna Schlittler motioned to reduce the amount paid for plumbing (line 14) and HVAC (line 16) to $3,000 each, and pay 

the request in the amount of $36,217.50.  Dan Lowe seconded.  Roll call vote:  Dave Hamann, Sue Lingle, Bob Hanvey, 

Myrna Schlittler, Dan Lowe—all yes.  Motion carried 5-0.

Bruce McCullen Pay Request 

Sue Lingle motioned to approve the pay request from Bruce McCullen, architect, for $455 for services from January 9, 2004

through February 10, 2004.  Dave Hamann seconded.  Roll call vote:  Bob Hanvey, Sue Lingle, Myrna Schlittler, 

Dave Hamann, Dan Lowe—all yes.  Motion carried 5-0.

Final Tetra Tech Pay Request for Georgetown

Bob Hanvey indicated that everything appears to be working okay.  Sue Lingle motioned to approve the final Tetra Tech 

pay request for Georgetown in the amount of $1,675.31, and forward to DPW for payment.  Dave Hamann seconded.  

Discussion:  Ms. Lingle asked if this is the last payment.  Mr. Hanvey said yes, with regard to Marion Township as an

independent body.  Roll call vote:  Dan Lowe, Myrna Schlittler, Bob Hanvey, Dave Hamann, Sue Lingle—all yes.  

Motion carried 5-0.

Rainbow Final Payment

Mr. Hanvey asked for help from the board to talk with Brian Jonckheere regarding issues with the Rainbow payment.  

At the last DPW meeting, Mr. Hanvey stated the township hadn’t approved payment of the final pay request for a list of 

reasons.  Mr. Hanvey asked the DPW board what the proper forum would be to discuss the issue, and it was suggested

 that Mr. Markstrom and Mr. Jonckheere meet with the township representatives to go through the items.  Mr. Hanvey will 

volunteer, along with Dan Lowe. 

Resolution on Darakjian Property

Sue Lingle explained that Darakjian was selling a portion of the property to the City of Howell for the loop road. 

 There were boundary changes made, parcel numbers were changed, and corrections were made on summer tax bills; 

however, the REUs that the township took on a mortgage should have been taken out.  Ms. Lingle needs to do another 

corrected tax bill, and she needs a resolution to allow her to make changes on the taxes.  Discussion was held about 

changing the taxable value.  Mr. Hanvey will discuss this with Dianne Hardy, Livingston County Treasurer. 

Sue Lingle moved by resolution to allow the township to change REUs for water and sewer on any involved parcels: 

 4710-01-200-001, 4710-01-200-002, 4710-01-200-022, and 4710-01-200-023, and, if approved by the county, to change 

taxable values on summer 2003 tax bill.  Myrna Schlittler seconded.  Roll call vote:  Bob Hanvey, Sue Lingle,

 Myrna Schlittler, Dan Lowe, Dave Hamann—all yes.  Motion carried 5-0.

Tentative Preliminary Approval—Sundance 3 & 4

Jim Barnwell, Desine, Inc., presented information on this agenda item.  An access point has changed, the number of 

lots remains the same, and Mr. Barnwell is asking for tentative preliminary plat approval due to the change.  

Dave Hamann stated the Planning Commission recommended approval.

Sue Lingle motioned to approve, per the Planning Commission’s recommendation, tentative preliminary plat approval

 for Sundance Meadows Phase 3 & 4 subject to verification of adequate lot frontage.  Dan Lowe seconded.  

Motion carried 5-0.

Moving/Refunding REUs

Mr. Hanvey said he talked with Katie Kaufman from Bauckman & Sparks, and she will be gathering more information from

the firm’s sewer and water attorney, and will perhaps talk with Mr. Axe and Mr. Goodman about the procedures. 

Mr. Hanvey provided Ms. Kaufman with the recommendation from Mr. Axe.  At this time, there is only one parcel that 

requires immediate attention.  Mr. Adler has three REUs on the common space, which are past due.  Mr. Adler would like 

to have them removed.

Dave Hamann motioned to table this item for more information.  Dan Lowe seconded.  Motion carried 5-0.

MHOG Engineer

Mr. Hanvey indicated the water authority has been approached by Tetra Tech Engineering with a proposal to be the sole 

engineer for all construction inspections for all four townships.  Some of the MHOG board members feel that’s not a good 

idea.  Mr. Lowe would like the township board’s support in saying that Tetra Tech will not work in Marion Township.

Mr. Hanvey feels that as part of the authority, the township can’t do that.  Mr. Lowe feels that a precedent has already 

been set that would allow the township to veto.  Mr. Hanvey said there are veto issues and majority vote issues, and the 

township doesn’t have a list of those.  Ms. Lingle asked why the township can’t choose its own engineer.  Mr. Lowe said 

that MHOG wants one engineer to oversee.  Ms. Lingle also asked why it wasn’t open up for bid.  Mr. Lowe said that the 

MHOG board said it doesn’t have to do that.  Mr. Hamann stated that another issue is that if a township has it’s own 

engineer, and another engineer for MHOG, the developer is stuck paying for its own engineer, the township engineer and 

the MHOG engineer.   Barney Cole asked if Howell Township supports this idea.  Mr. Hanvey said Howell Township 

supports the idea of a single engineer for all four townships; however, they have an objection to the contract.  At the very 

least, Mr. Hanvey would like another engineering company to make a proposal to provide another option to the MHOG 

board.   Mr. Hanvey questioned whether the statute that creates authorities might include the provision to veto.  

Mr. Hamann asked if the township’s attorney had reviewed the articles, or this whole issue of a single engineer.  

Mr. Hanvey said no.  Myrna Schlittler would like the attorney to review.  Phil Westmoreland asked how MHOG is 

financially supported, and Mr. Hanvey explained.  Mr. Barnwell said the system operator charged with doing inspections 

(OMI) should verify all valves are open and all hydrants are working.  Mr. Hanvey said the next MHOG board meeting is

February 25, 2004. 

New Building

Furnace:  Sue Lingle motioned to table selection of HVAC system for the new building.  Dave Hamann seconded.  

Motion carried 5-0.

Alarms:  Mr. Hanvey said at the special board meeting held on February 9, 2004, the board approved $1,374, but didn’t 

approve the item for additional alarm keypad and 12 smoke detectors for an additional $1,700.  Sue Lingle motioned to 

amend the motion made at February 9, 2004 Special Board Meeting for All Star Alarm for $1,374, plus an additional

 $1,740 for additional smoke detectors and heat detectors, the keypad at $125, and $5 per month for monitoring. 

 Dave Hamann seconded.  Roll call vote:  Dan Lowe, Myrna Schlittler, Dave Hamann, Sue Lingle, Bob Hanvey—all yes.

 Motion carried 5-0.

Communications Bid Change Request:  Communication was received from CommTech explaining the reason for the 

additional $200 charge.  Due to the age of the main system, the cable needs to be increased.  Sue Lingle motioned to 

amend the CommTech contract approval of February 9, 2004 to not exceed $5,300 to include 50 pair cable.  

Dave Hamann seconded.  Roll call vote:  Dave Hamann, Sue Lingle, Bob Hanvey, Myrna Schlittler, Dan Lowe—all yes.  

Motion carried 5-0.

OHM Contract

Mr. Hanvey said the response was received from OHM and it needs to be reviewed by the attorney. This should be brought 

back to the board at its next meeting.  Dave Hamann motioned to table this item.  Sue Lingle seconded. 

Motion carried 5-0.

Litter Ordinance

Dan Lowe motioned to postpone this item until complete.  Sue Lingle seconded.  Motion carried 5-0.

Sewer and Water Rates

Mr. Hanvey spoke with Ken Palka and more work is needed on this item.  Myrna Schlittler motioned to postpone this item.

 Dan Lowe seconded.  Motion carried 5-0.

Fire Run Billing

Dan Lowe motioned to waive the $500 fire run fee, but still collect court costs and attorney fees.  Sue Lingle seconded.  

Motion carried 5-0.

PLANNING COMMISSION REPORT

The Planning Commission held a public hearing on January 27, 2004 for two rezoning requests and three proposed 

zoning ordinance amendments.  At the January 27, 2004 regular meeting, the PC recommended approval of the 

Darakjian northern parcel rezoning; recommended approval of the Sundance Meadows Phase 3 & 4 tentative preliminary 

plat approval; Wolf Ridge final site plan was approved with conditions; Knolls of Grass Lake was tabled. 

A special meeting was held on February 3, 2004 for Chestnut Development rezoning.  This item will be followed up on at

the March PC meeting. 

PARKS & RECREATION REPORT

Sue Lingle provided the board with three reports.  The skate park will be on the grounds of the high school.  The budget 

was reviewed.  The Genoa Township representative said at the last meeting that they thought they would be able to 

participate.  At the most recent meeting, Mark Swanson, the director of the Senior Center, talked about how many 

people in the area are impoverished.  Ms. Lingle said it’s unfortunate that with a community this rich, there are so many

 people who need to be looked after.

CONSULTANT’S REPORT

None.  Myrna Schlittler will remove this item from future agendas.

ZBA REPORT

No meeting was held in February.

ZONING ADMINISTRATOR REPORT

Provided in packets. 

DPW REPORT

Provided in packets.  

FOR THE GOOD OF THE TOWNSHIP

None.

CALL TO PUBLIC

Sen. Valde Garcia updated the Board on the governor’s budget proposal.  Revenue sharing will be cut by $7.5 million out

of a total of $1.1 billion, which amounts to a .68% cut, if the proposal goes forward the way it is.  The governor wants to 

suspend all revenue sharing payments to counties, and in return, the counties will be allowed to fast forward collection of 

taxes from December to July beginning next summer.  One of the proposals is to allow people to pay taxes in monthly 

installments.  There is a $1.3 billion shortfall.  Of that, $400 million is the difference between the amount of money 

projected to come in and the amount of money spent this year. The rest of the money is spending pressures. The 

governor intends to make about $494 million cuts.  We’re not sure if they’ll all go through.  The governor is looking for

between $400-500 million tax increases.  Mr. Hanvey said the township has some concerns with the Open Space 

legislation. Ms. Lingle expressed concern with the suggestion that municipalities collect taxes on a monthly basis. 

Additional staff would be required to process payments.  Sen. Garcia said the intent is to help homeowners and allow 

them the opportunity to pay installments.  Mr. Hanvey pointed out that it would increase the township’s postage costs.  

Sen. Garcia said perhaps payments could be made electronically.  Ms. Lingle said there is too much room for error if 

the bank processes the payments.  Mr. Hanvey asked how the bank would know which property to apply the payment to. 

Mr. Hanvey also pointed out that nothing is preventing the homeowner from putting the monthly amount in an account. 

Also, Myrna Schlittler provided information in the Board packets regarding adding additional trustees.

TREASURER’S REPORT

Sue Lingle provided the board with reports for December 2003 and January 2004. 

Dave Hamann motioned to accept the treasurer’s report with expenses of $102,177.53.  Myrna Schlittler seconded. 

Motion carried 5-0.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 9:35 p.m.  Sue Lingle seconded.  Motion carried 5-0.